New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Claim for cover

Legal area

Court

24 Nov 2016

Norman v Accident Compensation Corporation

Citation

[2016] NZACC 306
Court

District Court

Leave to appeal was dismissed because Judge MacLean concluded no arguable error of law: Judge Powell's factual finding that pre-existing cover for 'pain in lumbar spine' was wide enough to include the alleged upper lumbar soft tissue injury was supported by the evidence and was a permissible factual conclusion; there was no material inconsistency with Judge Beattie's earlier judgment which left open further investigation of causation, so no question of law requiring High Court determination existed.
9 Aug 2011

Sinclair v Accident Compensation Corporation

Citation

[2011] NZACC 213
Court

District Court

Leave to appeal was granted because a pure question of law exists as to what constitutes lodging a claim for cover under ss48 and 56-58 and whether, on the particular facts, a claim was initiated in late 2006 such that a deemed decision under s58 would follow; the question is sufficiently important because a positive answer would produce backdated entitlements.
22 Apr 2008

McLoughlin v Accident Compensation Corporation

Citation

[2008] NZACC 92
Court

District Court

No contemporaneous medical or specialist evidence supported that the appellant suffered a physical shoulder injury in the 2001 house fire, the appellant's account was not credible, and therefore the respondent correctly declined cover.